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-Contribution in the debate about the law of association
The political situation in Egypt has imposed peculiar and controversial pressure on the movement of the civil society and manacled it with many restrictions. Human rights organizations in Egypt found themselves in such a situation that they need to fight for existence in order to secure the development of the civil society organizations. For their existence proved vital for the effective defense expression of the concerns and interests of individuals.
Land Center for Human Rights (LCHR) believes that there is a necessity to abrogate all restrictions imposed on the activities of public institutions in light the government's measures to restructure the organizations of civil society. The government's program for structural readjustment, which implies the drive to adopt the free market economy with more integration into the international economic system, may suggest a parallel development concerning democracy and freedom of association to express the interests of the various groups and strata of society.
However, the government's view of development appeared to be one-sided, amending legislation the regulates private enterprise to liberate the economic system, while imposing more restrictions on the people's right to organize themselves to defend their interests.
This, of course, will lead to deformed development that can not achieve progress. Nevertheless, the elimination of all restrictions imposed on the institutions of public activity will undoubtedly lead to give people the opportunity to participate and contribute to the development of society. Their participation could be vital in finding solutions for their own problems.
There could be no justification for the restriction of public activity, while giving more freedom to the market mechanisms and private enterprise. Why should the government give individuals the right to establish companies and facilitate their activity upon a notification, while it imposes many restrictions on the establishment of public associations?
Therefore LCHR asserts that we can not tolerate the issuing of a law that increases the restrictions upon civil society organizations, which constitute the only framework that allows people to discuss their problems and find solutions for them and releases their creative energies. Therefore, the restrictions imposed on public associations represent a flagrant violation, not only of the organizations right to exist and operate, but also of the people's right to express themselves and defend their interests.
Although many institutions and individuals, concerned about public freedoms, positively contributed with suggestions for the new law, the draft law (version 11/7) appears to impose many restrictions that may obstruct the activities of public associations and isolate them from the concerns of society. The aforementioned draft law is divided in 9 chapters. However, in this paper, we will only comment on the most important provisions.
In the meantime, we assert that the draft needs to more than one reading before being presented to the People's Assembly. However, the draft appears to include many restrictions intended to suffocate public activity in Egypt.
One of these restrictions refers to the right of associations to join federations of public associations. The draft law would force association to join a single federation controlled by government officials, depriving them of forming a federation of their choice that can best express their demands and interests.
In this respect, the LCHR emphasizes the need to abolish this provision, and to assert the right of public associations to form and join federations of their own choice.
The expected federations should stress understanding and coordination between public associations to preserve the unity of public activity in Egypt.
Consequently, the plurality of federations will enrich and strengthen public associations. LCHR asserts that legislators should view public associations as seeking to guarantee and protect public freedoms. They should guarantee the legal right for associations to decide their own activities and objectives. Founders of public associations should enjoy full freedom to decide its board of trustees and directors. Legislators, also, should secure the right of associations to form and join federations of their choice, without interference of the administrative authorities.
Finally, LCHR argues that the draft law reflects the government's insistence on restricting and suffocating public activity. The draft law includes the same provisions of the law No.32/1964. We should not be deceived by the government's groundless claims that the draft has been amended to reflect the need for civil society organizations, recognizing the legal status of human rights organizations. The draft, however, imposes restrictions that render them merely formal organizations that cannot play any active role in social life.
The draft uses expressions, such as preservation of public order, morals and so forth, to control and restrict the activities of public associations. However, It does not provide a specific definition of such expressions, leaving them broad and flexible to various interpretations on need. In effect, such restrictions may lead to the confiscation of public activity, depriving people of their right to the freedom of association.
In fact, amending a few provisions in the law of associations does not mean that government necessarily will grant public associations their constitutional rights to operate freely.
LCHR, however, asserts that civil society organizations can contribute to the developmental efforts only if they had the chance to undertake their duties in an atmosphere of freedom and respect of law. Suffocating public associations threatens public order as people will find no other and more civilized way to express themselves and defend their interests.
The paper published by LCHR is divided into the following parts:
The conception of public activity
The importance of the public activity
Some remarks on the draft law
The nature of the required legislation .